Key v. Moore
Supreme Court of Florida
A Writ of Error to the Circuit Court for Pinellas County ; O. K. Reaves, Judge. STATEMENT. This is a suit instituted by the defendant in error here, plaintiff In the Circuit Court, against the plaintiff in error here, defendant in the Circuit Court.
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A Writ of Error to the Circuit Court for Pinellas County ; O. K. Reaves, Judge. STATEMENT. This is a suit instituted by the defendant in error here, plaintiff In the Circuit Court, against the plaintiff in error here, defendant in the Circuit Court. The declaration alleges the plaintiff and defendant contracted for the purchase of certain lots in the City of St. Petersburg, the bond for title made to them jointly, a copy of same attached to and made part of the declaration; that the first payment under the'contract was made through the defendant, Sadie E. Key, and the plaintiff paid to the…
1Opinion of the Court
Wills, Circuit Judge,
(after stating the facts.) — The rule in pleading is that a plea must be responsive to the declaration and must either traverse or confess and avoid the allegations of the declaration.
The firt assignment of error is that the court erred in sustaining plaintiff’s demurrer to the special plea. This plea attempts to set up an entirely different contract from that alleged in the declaration and attached as exhibits *209to the declaration and in order to prove the same it would be necessary to introduce parol evidence that would vary-the terms of the written instrument.
“When an…
2Cases cited2 opinions
- Jacksonville Electric Co. v. SloanSupreme Court of Florida · 1906
- Florala Saw Mill Co. v. SmithSupreme Court of Florida · 1908
3Cited by4 opinions
- Foster v. ThorntonSupreme Court of Florida · 1934
- Crosby v. DonaldsonSupreme Court of Florida · 1928
- McRainey v. LangstonSupreme Court of Florida · 1926
- Manning v. StateSupreme Court of Florida · 1939